Close proximity commuter-light transport GA-ukn 16 NM east of vny.

Attributes
ACN	176925
Time
Date	199104
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : vny airport : bur
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 6500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	enroute airway : v186
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 4000 flight time type : 1250
ASRS Report	176925
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	conflict : airborne less severe
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 1000 vertical : 0
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Operational Error

Narrative:

While climbing out of 2400', I contacted bur departure on frequency 135.05 and stated that we were, 'out of 2.4 for 5000.' the controller replied, 'roger, radar contact. Climb and maintain 7000.' my first officer then replied to bur, 'roger, 7000,' and immediately dialed 7000' into the altitude alerter. While climbing out of 6500', bur departure asked us to verify that we were level at 5000'. I replied, 'negative, you told us to maintain 7000' when we checked in.' the controller responded with a traffic warning and told us to immediately turn left to a heading of 030 degrees. I turned immediately and my first officer saw the other aircraft pass off to our right at a horizontal distance of approximately 1000'. I then told the controller that he had cleared us to 7000' when we initially checked in. He acknowledged, however it seemed that he wasn't sure whether or not he had cleared us to 7000'. After the incident, I spoke with bur controller supervisor (bur TRACON). I asked him if there was any action that would be taken on this incident. He replied yes, but not against us (first officer and me). He stated that we were right and that the controller had cleared us to 7000'. He also told me that we were in the clear.

Original NASA ASRS Text

Title: CLOSE PROX COMMUTER-LTT GA-UKN 16 NM EAST OF VNY.

Narrative: WHILE CLBING OUT OF 2400', I CONTACTED BUR DEP ON FREQ 135.05 AND STATED THAT WE WERE, 'OUT OF 2.4 FOR 5000.' THE CTLR REPLIED, 'ROGER, RADAR CONTACT. CLB AND MAINTAIN 7000.' MY F/O THEN REPLIED TO BUR, 'ROGER, 7000,' AND IMMEDIATELY DIALED 7000' INTO THE ALT ALERTER. WHILE CLBING OUT OF 6500', BUR DEP ASKED US TO VERIFY THAT WE WERE LEVEL AT 5000'. I REPLIED, 'NEGATIVE, YOU TOLD US TO MAINTAIN 7000' WHEN WE CHKED IN.' THE CTLR RESPONDED WITH A TFC WARNING AND TOLD US TO IMMEDIATELY TURN LEFT TO A HDG OF 030 DEGS. I TURNED IMMEDIATELY AND MY F/O SAW THE OTHER ACFT PASS OFF TO OUR RIGHT AT A HORIZ DISTANCE OF APPROX 1000'. I THEN TOLD THE CTLR THAT HE HAD CLRED US TO 7000' WHEN WE INITIALLY CHKED IN. HE ACKNOWLEDGED, HOWEVER IT SEEMED THAT HE WASN'T SURE WHETHER OR NOT HE HAD CLRED US TO 7000'. AFTER THE INCIDENT, I SPOKE WITH BUR CTLR SUPVR (BUR TRACON). I ASKED HIM IF THERE WAS ANY ACTION THAT WOULD BE TAKEN ON THIS INCIDENT. HE REPLIED YES, BUT NOT AGAINST US (F/O AND ME). HE STATED THAT WE WERE RIGHT AND THAT THE CTLR HAD CLRED US TO 7000'. HE ALSO TOLD ME THAT WE WERE IN THE CLR.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.